Shape Shopfitters Pty Ltd

[2013] FWCA 7032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shape Shopfitters Pty Ltd
(AG2013/9227)

SHAPE SHOPFITTERS PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Shape Shopfitters Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Shape Shopfitters Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shape Shopfitters Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 17 September 2013 and, in accordance with s.54, will operate from 24 September 2013. The nominal expiry date of the Agreement is 16 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Shape Shopfitters Pty Ltd involved a dispute over the approval of the enterprise agreement for the period 2013-2017. The application for approval was brought before the Fair Work Commission by the employer, Shape Shopfitters Pty Ltd, to obtain endorsement of the terms and conditions outlined in the proposed agreement. The Fair Work Commission was tasked with evaluating the fairness and compliance of the agreement with relevant labour laws.

The primary legal issues before the Commission centred on whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement was genuinely negotiated, free from coercion and undue influence, and whether it included provisions that met the "better off overall test" for employees. Additionally, the Commission had to consider whether the agreement adequately covered the necessary matters as outlined in the Act.

In its reasoning, the Commission assessed the process of negotiation, finding that the agreement was genuinely negotiated between the employer and the employees' representatives. The Commission also determined that the agreement was free from any form of coercion and undue influence, and it satisfied the "better off overall test" as it provided employees with benefits that were superior to the applicable awards or registered agreements. The Commission further noted that the agreement comprehensively addressed the necessary matters as stipulated by the Fair Work Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the relevant legislative requirements.

The final orders included the approval of the Shape Shopfitters Pty Ltd Enterprise Agreement 2013-2017, with the terms and conditions set forth in the agreement to be binding on the employer and the employees from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established